Dear Vinny, Amber, Shahjee123, and ther gurus and members
I have composed the following reconsideration letter to send to case worker at Solihull PEO, should I send it case worker or Manager case worker or Chief case worker please advise on this.
Can you please read it thoroughly and correct anything which you feel is incorrect or add any reference, links or material you feel will strengthen my reconsideration request.
I had actually found this letter on forum and just edited it a bit.
To
K. Savin
Premium Service Centre
UK Visas & Immigrations
Dominion Court
41 Station Street
Solihull
Birmingham
B91 3RT
Your Reference: ----------------
Case ID: --------------------
Subject: Reconsideration Request SET (M) Indefinite Leave to Remain
This is to request a reconsideration of your decision to refuse my SET (M) application for Indefinite Leave to remain in the UK. I note that your reason for refusing my application is incorrectly based on my failure to meet requirements of paragraph 287 (d) of the immigration rules.
I wish to draw your attention to the fact that my application falls directly under paragraph 287 (a)(i) and (d) which clearly outlines the requirements for indefinite leave to remain for the spouse or civil partner of a person present and settled in the United Kingdom. I am extremely concerned that your decision was made without due consideration to paragraph (287(a) (i) and (d) of the immigration rules stated below:
(i) (a) the applicant was admitted to the United Kingdom for a period not exceeding 27 months or given an extension of stay for a period of 2 years in accordance with paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of a person present and settled in the United Kingdom.
__(d) the applicant was admitted to the UK or given an extension of stay as the spouse or civil partner of a Relevant Points Based System Migrant; and then obtained an extension of stay under paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of the person who is now present and settled here.
You stated in your reason for refusal that I do not meet the requirement of paragraph 287 (d) of the immigration rules as I have not completed a period of two years as the spouse or civil partner of a person who is now present and settled in United Kingdom.
So you wanted me to have completed two years on FLR (M) visa which was granted on 18 July 2014 and should expired on 18 July 2016. You also noted in your refusal letter, I have been resident in the UK since June 2009, initially as Tier 1 (post study) partner and subsequently Tier 1 dependant partner of PBS migrant and also stay as spouse of a person who is now present and settled in UK. I have been a dependant of PBS migrant between 18 January, 2010 to 18 July, 2014 and have already satisfied this requirement.
Clearly, you misapplied the rules in my case as paragraph (287(a) (i) (d): states that if main migrant's immigration category before settlement was under PBS - The dependant may be eligible for settlement when the dependant completes the qualifying 2 years residence period in the UK including stay as dependant of PBS migrant and stay as spouse of settled person.
The Home Office has long clarified this existing ambiguity by confirming (see below) in all other cases that - The dependant may be eligible for settlement as and when they fulfil the requirements of the relevant subsection under 287(a)(i).
Paragraph 319AA of the Immigration Rules confirms what a “Relevant points based system migrant” i.e. a migrant is granted leave as a Tier 1 Migrant, a Tier 2 Migrant, a Tier 4 (General) Student or a Tier 5 (Temporary Worker) Migrant. Therefore, leave as the partner of a person granted leave in one of these categories is appropriate for the indefinite leave requirements in paragraph 287(d).
It is therefore without question my application clearly meets the full list of criteria outlined in the Immigration Rules and relevant Casework Instructions, particularly those relating to (287(a) (i) and (d). Let me categorically point out that there is absolutely no requirement for me to complete a 2 years period (probationary period) as I have indeed already satisfied this requirement.
The Immigration Rules and relevant Casework Instructions logically sets out how SET (M) applications in this category should be progressed. It is extremely distressing that in spite of all the evidence before you, particularly the fact that I have been legally resident in the UK since June, 2009 and have indeed established a strong bond of connection with the UK you still chose to refuse my application based on ‘spurious rules’.
In light of the provisions outlined in relevant sections of the immigration Rules and Casework Instructions, your decision to refuse my ILR cannot be seen as lawful or conforming to the letters and the spirit of paragraph (287(a) (i) and (d) of the Immigration Rules and the relevant Casework Instructions.
I have also sent an email to Family Migration Operational Policy Team at
FamilyOpsPolicy@homeoffice.gsi.gov.uk, in there automated response email Under FAQs, It reads as follows.
Qualifying Periods
Question: An applicant needs to meet a qualifying period before applying for indefinite leave to remain (ILR). When does this begin?
Answer: If they entered the route overseas, the qualifying period will begin when they arrived in the UK. If they ‘switched’ into the route within the UK, the qualifying period begins on the date they were granted leave.
Question: Do dependants of PBS Migrants who apply for LTR as the Partner of a settled person begin their qualifying period again?
Answer: If the applicant was granted LTR under paragraph 284 of Part 8 of the Immigration Rules (following an application made prior to 6 April 2014) they can combine their leave as a PBS dependant with leave as the Partner of a settled person to meet the qualifying period under paragraph 287.
All other applicants must start their qualifying period again.
I hereby request you in light of the foregoing to reconsider your decision forthwith.
Yours sincerely
Name: -------------
Address: -------------
Nationality: -------------
DOB: --------------
Phone: -------------